Special cases of ownership of equity
Assets and rights of entities without legal personality
The assets and rights of civil companies, property owners, communities of assets and other entities that, lacking legal personality, constitute an economic unit or a separate equity that can be imposed, they will be attributed to the joint members or shareholders, according to the applicable rules in each case and if they do not comply with the Administration, they will be attributed equally.
Assets or rights acquired at a deferred price
Regulations: Art. 8.Uno Wealth Tax Act
In the acquisition of assets or rights with deferred payment, in whole or in part, the value of the equity element resulting from the the rules of this tax shall be charged to the acquirer, who will include the deferred payment part among their debts.
The seller will include among the rights of its assets the credit corresponding to the deferred payment part.
It is obvious that this deferral in the collection, derived from the seller's free will in agreement with the buyer, means the entry into the assets of the former of a new right that, together with the amount already received, replaces the one that previously had on the disposed asset.
Example
Mr. A.H.M. Sells to Mr. P.J. A premises for 120,000 euros, receiving in cash 70,000 euros, which invests in shares admitted to trading, and the rest being deferred.
The average trading value in the fourth quarter of the year of the shares acquired by Mr A.H.M., amounts to 65,500 euros.
Determine the declaration of the buyer and seller of the aforementioned premises.
Solution
Statement by Mr P.J. (Buyer):
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Other urban properties (the premises purchased): 120,000
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Deductible debts (debt with Mr. A.H.M.): - 50,000
Statement by Mr. A.H.M. (Seller):
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Shares admitted to trading: 65,500
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Other assets and rights (credit against Mr. P.J.): 50,000
Sale of goods with reservation of ownership
Regulations: Art. 8.Dos Wealth Tax Act
In the event of sale of goods with a reservation of ownership, while the ownership is not transferred to the acquirer, the right of the acquirer will be counted for all amounts that it has delivered up to the date of accrual of the tax, constituting these amounts of debts of the seller, which will be to whom the value of the equity element resulting from the tax rules is attributed.
Example
Mr. A.P.H. Sells to Mr. J.P.A. A premises valued for the purposes of Wealth Tax at 100,000 euros, for the amount of 120,000 euros, with a holding reserve agreement , having received an account of 70,000 euros, which invests in shares admitted to trading whose average trading value for the fourth quarter is 65,500 euros.
Determine the declaration of the buyer and seller of the aforementioned premises.
Solution
Statement by Mr. J.P.A. (Buyer):
Other real estate and rights (amount paid on account): 70,000
Statement by Mr. A.P.H. (Seller):
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Other urban properties (the premises): 100,000
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Shares admitted to trading: 65,500
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Deductible debts (charged on account): - 70,000